WEST HOLLYWOOD (CBSLA.com) — A childless couple is suing a fertility center for allegedly destroying sperm samples that were deposited prior to the husband receiving surgery for testicular cancer.

Justin Hollman and Kristin Bruun-Anderson filed their suit Thursday against the Reproductive Fertility Center (RFC) and Dr. Peyman Sadaat, for damages of negligence, breach of contract and emotional distress.

CBS2’s Serene Branson spoke with the plaintiff’s attorney, Elena Nutenko, about the case.

According to Nutenko, Hollman was diagnosed with testicular cancer in 1991 when he was 20-years-old.

Following surgery, Hollman underwent chemotherapy sessions and was later determined to be cancer-free.

“Justin was diagnosed with testicular cancer like many men,” Nutenko said. “Prior to undergoing chemotherapy, he chose to store his sperm so that he could use it in the future when they were ready for a child.”

Last year, Hollman went to the RFC to sign an authorization form to transfer his sperm samples to his wife’s fertility doctor so that they could have a biological child.

“He’s handed a form when he gets there, when he looks down and reads it, it says that he’s authorizing the destruction of the sperm,” said Nutenko. “He’s horrified, did not sign and wanted to know what was wrong.”

Nutekno said that Dr. Sadaat called Hollman later that day to discuss the situation.

“Our client received a call letting him know all the sperm was destroyed as result of ‘human error’ and that this destruction had occurred ‘several weeks ago’,” Nutenko said.

Nutenko said that RFC acted negligently when they destroyed the sperm when it was their job to preserve it and they failed causing a nightmare of a scenario for her clients.

Unfortunately, it is unlikely that Hollman will ever have any biological children with his wife.

“This is the death of a dream,” said Nutenko. “Their dream was to have a biological child of their own together and that dream can’t be taken away.”

The couple declined to be interviewed by Branson due to the sensitivity of the case.